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Duncan v. Gaertz

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 20, 2008

JAMES PAUL DUNCAN, PLAINTIFF,
v.
DONALD D. GAERTZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

This case was closed for six years, and then Plaintiff filed a motion challenging the continued garnishment of his account to pay the $150 filing fee pursuant to 28 U.S.C. § 1915(b). That motion was denied (Doc. 6), and now Plaintiff has filed a notice of appeal, accompanied by a motion for issuance of a certificate of appealability (Doc. 7).

Plaintiff's civil rights action is neither a proceeding under section § 2255, nor is it a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court. Consequently, no certificate of appealability is necessary for him to perfect his appeal. FED.R.APP.P. 22(b); 28 U.S.C. § 2253(c). Accordingly, the instant motion is DENIED as MOOT.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20081020

© 1992-2008 VersusLaw Inc.



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